A bench headed by Chief Justice Altamas Kabir issued notice to CBI seeking its response on the petition filed by Ruia challenging the Special CBI Court's order summoning him as an accused in the case.

"In the meantime, hearing before the Special Judge/CBI (2G spectrum cases), New Delhi will be postponed till Tuesday (April 16)," the bench also comprising justices A R Dave and Vikramajit Sen said. Ruia was asked to appear on April 11 in the 2G court along with Bharti Airtel CEO and MD Sunil Mittal.

Ruia's plea will be heard along wiith that of Mittal on April 15. A bench headed by the CJI also directed the 2G court not to proceed with Ruia's case till April 16.

Senior counsel Mukul Rohatgi arguing for Ruia said that the 2G court was "absolutely" wrong, and should be stayed. "Why is the CBI defending the decision? Then it should have made me an accused," he argued rhetorically.

Earlier, Ravi Ruia had moved the Supreme Court challenging the Special CBI Court's order summoning him as an accused in the case. Bharti Mittal, CMD of Bharti Cellular Ltd had got a temporary relief in a graft case related to allocation of additional 2G spectrum in 2002.

Ruia, whose name was not mentioned as an accused in CBI's FIR and charge sheet filed before the special 2G court, moved the apex court contending that if true and corrects facts about the affairs of Sterling Cellular Ltd, in which he was a director at that time, were placed before the trial court, such a summoning order may not have been passed.

The CBI had filed the charge sheet against former Telecom Secretary Shyamal Ghosh and three telecom companies Bharti Cellular Ltd, Hutchison Max Telecom Pvt Ltd (now known as Vodafone India Ltd) and Sterling Cellular Ltd (now known as Vodafone Mobile Service Ltd).